Preview
FILED: QUEENS COUNTY CLERK 10/25/2018 03:57 PM INDEX NO. 704694/2018
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/25/2018
Calendar Number PC / 7
1UPREME COURT OF THE STATE OF NEW YORK
QUEENS COUNTY: IAS PART
PRESENT: HON. 4 o
y /
Prs|iminary Conference Order
Plaintiff(s),
- against Index Number:
. T Defendant(s). Date RJi Filed:
APPEA ES
Defendant(s):
Following a Preliminary Conference, itis hereby ORDERED thatdisclosure shall proceed as
follows: .
(1) Insuranct Coverage: (a) Ifnot yet done, defendant shalldisclose inwriting the existence and
contents of an arsent, including umbrella or excess caverage, as described in CPLR §3101(f)
on or before , (b) II discloseany Uninsured Motortst/Supplemental L.Ininsured
plaintiff
Motorist covera on before .
(2) Billof Par iculars:
A dem ind fora BillofParticulars or interrogatoriesshall be spe ved by .-.. on or before
(a)
(b)A bill
c particulars or interrogatories shall be served by on or before
(c) Ifan ffirmative defense or counterclaim is asserted, a demand for a billof particulars or
nterrogatories shall be served by on __ _. A response to such demand shall be served
on
(d)A supr emental Billof Particulars shallbe served by on or before
as to items:
. (3)Medical R port(s). Racard(s) and Authorization(s): On or before a duly executed
authprization(s
vJritten shall be furnished by forthe following:( heck bs apply)
Physic m, and/or hospital, pharmacy and/or autopsy recordy,
Emplo ment and/or attendance records forthe period (,
No-fau file;
Diagnc itictestsand films;.
Collate alsource authorizations / workers comp records;
W2 an. /or tax retum records for self-srñploysd individuals (ifthereisa loss of wages claim)
forthe eriod of
_ Other ( 4pecify)
-1-
FILED: QUEENS COUNTY CLERK 10/25/2018 03:57 PM INDEX NO. 704694/2018
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/25/2018
(4) Physical ixaminabons: .
(a) Exam nation(s) of plaintiff
shallbe held on or before
(b)Pursu intto 22 NYCRR §202.17(b), at least20 days before such examination, shall
serve upon allother p artiescopies of the medical reports of those physicians who have previously treatedor
examined him/her. .
(c)A cop of the examining physician's report shallbe furnished to allparties by
within . days c the examination.
(5) Depositic ns:
(a) Exam nations before shall
trial be condde s lo c
Plain allappetr for examination before trialat on .
at .mfp.m. 2nd shallproduce allrelevant books, a ers,recor s,and other matE/ri I foruse at the
deposition including
Defe ) shallap >ear for examinaticñ before trialat on 7 (
at a.m/p.m. and shall produce allrelevant books, papers, records, and other material for use at the
deposition including
- (b)Unles ; otherwise directed prior to theexarñinations before attomeys
trial, seeking rulingson
objections or making application for any other reliefpertaining to the depositions shall promptly appear at
Chambeni of theassinned IAS Justice, with theirreporter, or shallcommunicate withthe·Emergency Justice,
for a determination.
(c)Once 3egun, a deposition shall continue untilcompleted and shall not be adjoumed without
furtherorder of the C urt.
(d) The trinscriptof an examination before trial
shall be delivered tothe party deposed withinThirty
(30) days of the depo and
Eition, shallbe returned, duly executed, pursuant to CPLR § 3116.
(e)Subpoenas for the examination before trial
of any non-party witness shallbe serve po later
than 45 days afterthe completion of party depositions, provided such witness isknown by cample party
depositions.,and if noknown at thattime, within 45 days offirstdisclosure or identification
of auch witness or
. within the discretionc) the Court.
(6)Other Die closure:
(a) On o before allparties shallexchange names and addresses of all
witnesses, and shallt xchange statem nts of pposing parties and photographs, or,ifnone, shall provide an
affirmation to thateff(ct.
(b) All p irtiesshall exchange information relatingto expert witnesses in compliance with
CPLR §3101(d)(i).
(c) Medit are Liens: Ifplaintiff
is a medicare recipientor eligible,plaintiffshall, within 30 days
provide defendant(s) with the details of said lien(s),or ifunknown, copies of correspondence to Mediese,
evidencing afforts
plaintiff's to determine the outstanding claim against said should
plaintiff/beneficiary, one
exist.
(d)Addit anal Disclosure Issues: With respect to additional disclosure issues, the parties shall
comply with the folloving agreement:
FILED: QUEENS COUNTY CLERK 10/25/2018 03:57 PM INDEX NO. 704694/2018
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/25/2018
Impleader: Allthird actions shallbe commenced on or before the Compliance Conference date.
(7) party
Joinder of a third-party:ctionbeyond thisdate without leave of Court may resultin a severance.
Completio of Disclosure: All disclosure shall be completed on or before the Compliance
(8)
Conference date.
(9)Complianc Conference:
(a)Unless : Note of issue/Certificate of Readiriess shallhave been filed priorthereto,counsel for
appc ar at a Çom f - Conference which shall be held in the
all parties shall Compliance
Conference/Settlement ©arton
(b)Filingof a Note ofissue priorto the Compliance Conference must include a writtenstipulation
executed allpar:es acknavelsdging thatalldisc0very has been completed. Failure to comply with this
fully by
provision willresult invtcatur of the prematurely filedNote of Issue.
(c)Copies r f medicalreports and pleadings are tobe brought to theCompliance Conference and
. attendingattorneys mus be knowledgeable about the case and be prepared todiscuss sêttierñéñtatthat time.
f (10) Note of 18; ue:Plaintiffshall filea Note of Issue/Certificateof Readiness on or before
(11) un"=-s ftr Summary JudgineathPursuant to CPLR Rule 3212(a), any motion for summary
judgment shall be mad : no laterthan idU days after the filingof the note of issue, but under no
circumstances beyond 20 days of the filingof the Note of Issue absent further order of the court.
(12) StIdulatio is of settlement or discontinuance are to be filed by defendant, pursuant to
22 NYCRR 202-28, witF the County Clerk and must also give a copy to the Part of Court to which the action
has been assigned, wittin 20 days of such discontinuance.
SO ORDERED: .
. J.S.C.
Dated:
1, theunder ned hav reastthe preceding and fullyunds-stand the provisions contained herein shall
constitute Ord r of he ourt. Failure to comply with any provision of this order may result in the
þ
positior f cos , Ic ons or other penalties proyidds y law.
Atto ey f Plaint Attomey for defendant
Attorney forPlaintiff Attorney forDefendant
Attorney forPlaintiff Attorney forDefendant .
Attorney forPlaintiff Attorney.for Defendant
-3-
FILED: QUEENS COUNTY CLERK 10/25/2018 03:57 PM INDEX NO. 704694/2018
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/25/2018
SUN EME COURT OF THE STATE OF NEW Y ORK
COUNTYOF QUEENS
88-11 Sutphin Blyd.
Jamaica, New York 11435
Plaintiff (s) Index No.
-against
Defendant(s)
..__------------------- ___------------------------
NOTICE OF CO¡!PLIANCE/SETTLEMENT CONFERENCE
A CompliaIce/Settlement Conference has been .scheduled In th
above-named caie in which you appear as courpel. The Conference
will be held bafore JUSTICE JOSEPH J. ESPOSIT in. the.
Compliance/Set:1ement Conference Part on at 9:30 A.M.
Counsel alpearing for the Conference MUST bring the Bill of
Par ticulars and all previous orders in the case, including the
Preliminary Colference Order.
At the corference, inquiry will be made regarding the
following items of discovery as applicable: bills of particular;
authorizations: medical reports; discovery and inspection;
document production; insurance information; EBT's; physical
examinations; .nterrogatories; and compliance with prior
discovery orde s of the Court.
AdditionaJ1y, serious settlement discussions will be
conducted.
.Consequently, an attorney representing your client MUST
appear at the :onference and MUST be fully familiar with the case
and the status of discovery. The attorney MUST bring-to the
Conference all available documentary evidence relating to injury
and damages, aid MUST be authorized to enter binding stipulations
and to dispose of the case.
Failure to appe r at the Conference may result in the imposition of
sanctions or ot ter appropriate judicial action.
Preview
FILED: QUEENS COUNTY CLERK 10/25/2018 03:57 PM INDEX NO. 704694/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/25/2018 Calendar Number PC / 7 1UPREME COURT OF THE STATE OF NEW YORK QUEENS COUNTY: IAS PART PRESENT: HON. 4 o y / Prs|iminary Conference Order Plaintiff(s), - against Index Number: . T Defendant(s). Date RJi Filed: APPEA ES Defendant(s): Following a Preliminary Conference, itis hereby ORDERED thatdisclosure shall proceed as follows: . (1) Insuranct Coverage: (a) Ifnot yet done, defendant shalldisclose inwriting the existence and contents of an arsent, including umbrella or excess caverage, as described in CPLR §3101(f) on or before , (b) II discloseany Uninsured Motortst/Supplemental L.Ininsured plaintiff Motorist covera on before . (2) Billof Par iculars: A dem ind fora BillofParticulars or interrogatoriesshall be spe ved by .-.. on or before (a) (b)A bill c particulars or interrogatories shall be served by on or before (c) Ifan ffirmative defense or counterclaim is asserted, a demand for a billof particulars or nterrogatories shall be served by on __ _. A response to such demand shall be served on (d)A supr emental Billof Particulars shallbe served by on or before as to items: . (3)Medical R port(s). Racard(s) and Authorization(s): On or before a duly executed authprization(s vJritten shall be furnished by forthe following:( heck bs apply) Physic m, and/or hospital, pharmacy and/or autopsy recordy, Emplo ment and/or attendance records forthe period (, No-fau file; Diagnc itictestsand films;. Collate alsource authorizations / workers comp records; W2 an. /or tax retum records for self-srñploysd individuals (ifthereisa loss of wages claim) forthe eriod of _ Other ( 4pecify) -1- FILED: QUEENS COUNTY CLERK 10/25/2018 03:57 PM INDEX NO. 704694/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/25/2018 (4) Physical ixaminabons: . (a) Exam nation(s) of plaintiff shallbe held on or before (b)Pursu intto 22 NYCRR §202.17(b), at least20 days before such examination, shall serve upon allother p artiescopies of the medical reports of those physicians who have previously treatedor examined him/her. . (c)A cop of the examining physician's report shallbe furnished to allparties by within . days c the examination. (5) Depositic ns: (a) Exam nations before shall trial be condde s lo c Plain allappetr for examination before trialat on . at .mfp.m. 2nd shallproduce allrelevant books, a ers,recor s,and other matE/ri I foruse at the deposition including Defe ) shallap >ear for examinaticñ before trialat on 7 ( at a.m/p.m. and shall produce allrelevant books, papers, records, and other material for use at the deposition including - (b)Unles ; otherwise directed prior to theexarñinations before attomeys trial, seeking rulingson objections or making application for any other reliefpertaining to the depositions shall promptly appear at Chambeni of theassinned IAS Justice, with theirreporter, or shallcommunicate withthe·Emergency Justice, for a determination. (c)Once 3egun, a deposition shall continue untilcompleted and shall not be adjoumed without furtherorder of the C urt. (d) The trinscriptof an examination before trial shall be delivered tothe party deposed withinThirty (30) days of the depo and Eition, shallbe returned, duly executed, pursuant to CPLR § 3116. (e)Subpoenas for the examination before trial of any non-party witness shallbe serve po later than 45 days afterthe completion of party depositions, provided such witness isknown by cample party depositions.,and if noknown at thattime, within 45 days offirstdisclosure or identification of auch witness or . within the discretionc) the Court. (6)Other Die closure: (a) On o before allparties shallexchange names and addresses of all witnesses, and shallt xchange statem nts of pposing parties and photographs, or,ifnone, shall provide an affirmation to thateff(ct. (b) All p irtiesshall exchange information relatingto expert witnesses in compliance with CPLR §3101(d)(i). (c) Medit are Liens: Ifplaintiff is a medicare recipientor eligible,plaintiffshall, within 30 days provide defendant(s) with the details of said lien(s),or ifunknown, copies of correspondence to Mediese, evidencing afforts plaintiff's to determine the outstanding claim against said should plaintiff/beneficiary, one exist. (d)Addit anal Disclosure Issues: With respect to additional disclosure issues, the parties shall comply with the folloving agreement: FILED: QUEENS COUNTY CLERK 10/25/2018 03:57 PM INDEX NO. 704694/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/25/2018 Impleader: Allthird actions shallbe commenced on or before the Compliance Conference date. (7) party Joinder of a third-party:ctionbeyond thisdate without leave of Court may resultin a severance. Completio of Disclosure: All disclosure shall be completed on or before the Compliance (8) Conference date. (9)Complianc Conference: (a)Unless : Note of issue/Certificate of Readiriess shallhave been filed priorthereto,counsel for appc ar at a Çom f - Conference which shall be held in the all parties shall Compliance Conference/Settlement ©arton (b)Filingof a Note ofissue priorto the Compliance Conference must include a writtenstipulation executed allpar:es acknavelsdging thatalldisc0very has been completed. Failure to comply with this fully by provision willresult invtcatur of the prematurely filedNote of Issue. (c)Copies r f medicalreports and pleadings are tobe brought to theCompliance Conference and . attendingattorneys mus be knowledgeable about the case and be prepared todiscuss sêttierñéñtatthat time. f (10) Note of 18; ue:Plaintiffshall filea Note of Issue/Certificateof Readiness on or before (11) un"=-s ftr Summary JudgineathPursuant to CPLR Rule 3212(a), any motion for summary judgment shall be mad : no laterthan idU days after the filingof the note of issue, but under no circumstances beyond 20 days of the filingof the Note of Issue absent further order of the court. (12) StIdulatio is of settlement or discontinuance are to be filed by defendant, pursuant to 22 NYCRR 202-28, witF the County Clerk and must also give a copy to the Part of Court to which the action has been assigned, wittin 20 days of such discontinuance. SO ORDERED: . . J.S.C. Dated: 1, theunder ned hav reastthe preceding and fullyunds-stand the provisions contained herein shall constitute Ord r of he ourt. Failure to comply with any provision of this order may result in the þ positior f cos , Ic ons or other penalties proyidds y law. Atto ey f Plaint Attomey for defendant Attorney forPlaintiff Attorney forDefendant Attorney forPlaintiff Attorney forDefendant . Attorney forPlaintiff Attorney.for Defendant -3- FILED: QUEENS COUNTY CLERK 10/25/2018 03:57 PM INDEX NO. 704694/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/25/2018 SUN EME COURT OF THE STATE OF NEW Y ORK COUNTYOF QUEENS 88-11 Sutphin Blyd. Jamaica, New York 11435 Plaintiff (s) Index No. -against Defendant(s) ..__------------------- ___------------------------ NOTICE OF CO¡!PLIANCE/SETTLEMENT CONFERENCE A CompliaIce/Settlement Conference has been .scheduled In th above-named caie in which you appear as courpel. The Conference will be held bafore JUSTICE JOSEPH J. ESPOSIT in. the. Compliance/Set:1ement Conference Part on at 9:30 A.M. Counsel alpearing for the Conference MUST bring the Bill of Par ticulars and all previous orders in the case, including the Preliminary Colference Order. At the corference, inquiry will be made regarding the following items of discovery as applicable: bills of particular; authorizations: medical reports; discovery and inspection; document production; insurance information; EBT's; physical examinations; .nterrogatories; and compliance with prior discovery orde s of the Court. AdditionaJ1y, serious settlement discussions will be conducted. .Consequently, an attorney representing your client MUST appear at the :onference and MUST be fully familiar with the case and the status of discovery. The attorney MUST bring-to the Conference all available documentary evidence relating to injury and damages, aid MUST be authorized to enter binding stipulations and to dispose of the case. Failure to appe r at the Conference may result in the imposition of sanctions or ot ter appropriate judicial action.